Estate of Helen G. Williamson - Page 5

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          in excess of 25 percent of the gross estate that the estate tax             
          return reported, and that respondent's notice of deficiency was             
          issued prior to 6 years from the time the estate tax return                 
          herein was filed.                                                           
               Petitioner now brings this motion for partial summary                  
          judgment, on the ground that the effective statute of limitations           
          herein for the determination of an estate tax deficiency was 3              
          years, under the general rule of section 6501(a).  Since                    
          petitioner's motion, if granted, would dispose of the instant               
          case entirely, we shall treat petitioner's motion as one for                
          complete summary judgment.                                                  
               Under Rule 121(b), the Court may consider and dispose of a             
          motion for summary judgment if the facts "show that there is no             
          genuine issue as to any material fact and that a decision may be            
          rendered as a matter of law * * * ".  In deciding a motion for              
          summary judgment, however, a Court "must resolve all ambiguities            
          and draw all reasonable inferences in favor of the party against            
          whom summary judgment is sought * * * with the burden on the                
          moving party to demonstrate the absence of any material factual             
          issue genuinely in dispute".  Heyman v. Commerce & Indus. Ins.              
          Co., 524 F.2d 1317, 1320 (2d Cir. 1975); United States v.                   
          Augspurger, 452 F. Supp. 659, 664 (W.D.N.Y. 1978).  See also                
          Estate of Ashenhurst v. Commissioner, T.C. Memo. 1982-102.                  
               In making the findings of fact which we have recited above,            
          we have relied solely upon the facts as stipulated by the                   




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